sch.1-sec.10Requirements for separate report [r 35]

sch.1-sec.10 Requirements for separate report [r 35]

A separate report prepared by the expert must be addressed to the P&E Court and signed by the expert. The separate report must include the following information— the expert’s qualifications; all material facts, whether written or oral, on which the report is based; the expert’s reasons for each opinion expressed in the report; references to any literature or other material relied on by the expert to prepare the report; for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— a description of what was done; and whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and the name and qualifications of any other person involved; and the result; if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion; if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification; a summary of the conclusions reached by the expert; a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion. However, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding. If the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief. insufficient research insufficient data The expert must confirm in the separate report that— the expert has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as the expert knows, true; and the expert has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by the expert; and the report contains reference to all matters the expert considers significant; and the expert understands the expert’s duty to the P&E Court and has complied with the duty. (sch.1-sec.10-ssec.1) A separate report prepared by the expert must be addressed to the P&E Court and signed by the expert. (sch.1-sec.10-ssec.2) The separate report must include the following information— the expert’s qualifications; all material facts, whether written or oral, on which the report is based; the expert’s reasons for each opinion expressed in the report; references to any literature or other material relied on by the expert to prepare the report; for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— a description of what was done; and whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and the name and qualifications of any other person involved; and the result; if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion; if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification; a summary of the conclusions reached by the expert; a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion. (sch.1-sec.10-ssec.3) However, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding. (sch.1-sec.10-ssec.4) If the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief. insufficient research insufficient data (sch.1-sec.10-ssec.5) The expert must confirm in the separate report that— the expert has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as the expert knows, true; and the expert has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by the expert; and the report contains reference to all matters the expert considers significant; and the expert understands the expert’s duty to the P&E Court and has complied with the duty.